Question 31 of 77 · Judiciary
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The appointment and conditions of the office of a judge of a High Court are provided in:

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Answer: Option A — Article 217

Detailed Solution

Article 217 deals with the appointment and conditions of the office of a judge of a High Court.

Appointment:

  • Every judge of a High Court is appointed by the President by warrant under his hand and seal.
  • Before appointing a judge, the President consults the Chief Justice of India and the Governor of the state.
  • In the case of judges other than the Chief Justice, the Chief Justice of the High Court is also consulted.

Collegium system:

  • In practice, appointments are made on the recommendation of the Supreme Court collegium, developed through the Second Judges Case (1993) and the Third Judges Case (1998).
  • For High Court judges, the Supreme Court collegium consists of the Chief Justice of India and the two senior-most judges.
  • The proposal is initiated by the High Court collegium.

Qualifications:

  • A person must be a citizen of India.
  • He must have held a judicial office in India, or have been an advocate of a High Court, for a minimum period laid down in the Article.
  • Unlike the Supreme Court, there is no provision for appointing a distinguished jurist as a High Court judge.

Tenure:

  • A judge holds office until he reaches the retirement age.
  • He may resign by writing to the President.
  • He may be removed in the same manner as a Supreme Court judge.
  • His office is vacated if he is appointed a judge of the Supreme Court.

Age disputes:

Questions about the age of a High Court judge are decided by the President after consulting the Chief Justice of India.

Other Articles on High Courts:

  • Article 216: constitution of High Courts.
  • Article 222: transfer of judges.
  • Article 224: appointment of additional and acting judges.
  • Article 224A: appointment of retired judges at sittings of High Courts.

Why not the other options?

  • ✗Article 216 deals with the constitution of High Courts.
  • ✗Article 222 deals with transfers.
  • ✗Article 224 deals with additional and acting judges.

Quick tip

Remember: Article 217 = appointment of High Court judges (consulting the CJI, the Governor and the HC Chief Justice).

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Judiciary — Preparation

This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.